High Court Karnataka High Court

Pyarijanabi vs Ramanna on 4 June, 2008

Karnataka High Court
Pyarijanabi vs Ramanna on 4 June, 2008
Author: K.Ramanna
  
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  VSURESH

IN THE HIGH mom or KARNATAKA AT   " 
DATED THIS THE 411* aw      
THE HOWBLE    S
CRMNAL M_{mM;%N¢, 

 

1 PYARLJANAB1,   I   
W/o.KLiAm1~znAI§£;AB.KoT5;_. _  " 
AGFL50 YE.a;1ts,.1HmIsEi~I€t1_-IE. .wR--:' Iévbzmmnm, ADV.)
Iiiiii

" . '"n:LL5;arr i5RAYING THAT THIS HONBLE comm' my BE

-1 j ~PI,EASED '1'-Q i~s1s:'1* ASIDE THE Junemm mu omamz HI'.

, 2'2! 1'2}(}-i«..APAS8E£) BY THE JHFC, savaram, IN C.C.N0.l16/99
  52¢}: 'C?Oi:'s"v*£CT THE RESPONDENTSIAOCUSED.

. VT :% ” +318 APPEAL comma on FOR HEARZNG mas DAY, comer
“DELIVERED THE F’OLLOWiNG:

/4 :3
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ju’.

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JUDGIEQ3_«jwu

An UflS

chalie:ngng’ tlw judmmt %of%%d&§:%&m-“31? dated kk

22/12/2004 pasaed by th kggg§a qagFtgLsknmunng ha
C.C.No.116/99 wrmaby, acquitted
for the 143, 147, 451,
323, 324 kzléé
zmgmfiafiggfimfikmmamwmammm
amwmwficwfifiqfimtmcmwmmmsmzme
mmmmmwmnn4§fi@uummnnuwmammn

? *fo}tngcd M wan assembly, tresmmed mm

agid No.2 kickedher amiacclmed Neal

her by hands, accused $105.4, 5 and 7

* * her with’ dire oonsoqt% and abused her in

V hngt% Police have: not registered the case
tiny have dcputed a police constable to

aoeompanyhertothcGovt.Hwpitalforuca1:mm;tami

‘,,…

‘\_/

-2 .

( ..-

and docummtmy mm’ and

;1ppcaringonbothsidesm1dpa’usedflzcmc:cn’ds.

thezefore, she tbok tmamm:-. in the Govt %
injuries sustained by her at the hagnda..qf _ & L
men men a private complaint for am _
t1%% P0508 1%5st.aed a A .. T é
hearing both pamies, oazmm
punishable under 323, 506
an be am

4. appeflam examined
hcrsdfas aw. 1 ;m1 I-‘.W.2 doctarand P.W.3
313 of Cr.P.C. and after

Hmmflm of&mlw’mii

/7. :7? ,

‘J. /,,.»—-~’

¢. , {

decision is whether the judwent

trial Court is perverse,

eviderme 131% on record? _ _ V

7. According to P.”£§(‘._;’:}.,’
Taluk and she is_mxete”b¢ me pmpeny
tmnins sizfig site also. On
9/1/1994 in the name of
her name was entered in the
her children’ was takm

(if the pmpeuy pun:1% by her.

that are no 01115′ persons to beoomc

are obstructed her pmml mm»: and

% the property purchased by her. A suit
%%%o.s;¥39[89 befere the learned Civil Judge (Jr.Dn.)
kj came to be filed by her. on 419/ 1998 around

noonwlmmshcwasmdethchouminthckitchcnall

thexespondentswithanintentiontoassaulthcxgarmed

ELM, ,//fl
J /”

.. r

with deadly Weapon in f of their commogz.

tlneae her. eding to ”

police have received the

resP0I1d€l1t8, they mare

Thelefore, she filed a her specific
case that she nme of her
mm 1.” st pmondems
she elm examined P.Ws.2

and 3 but ” . ” the case. According’ to the

6VidCIl(?a..gf “day at about 12 110011 or at 1

‘ A ,, ‘ .. …. 1 we”:

in front of the hmme d’ the

at that time they heard some quarrel

ofP.W.l than both swam mm: inside

and thenewas injmy on her ibzrehead. At that me,

Several persons came infidc the house and fl]t

No.1alm3ewaefemmd’mherkitehenandrespanadents:2to

s -¢,_'””, ,,.»’~””

5 ” …r/” s i

472-

7 were not them. ‘l’hcm:fomc, the trial Court ~ ‘;

bdieved mm’ of P.W.I an the T

‘ % admitted * my
plaoe. He do not know He
am not know Wm inadc
the house of 1&=f?w%.3 has stated am on
of P.W. 1 b’ut t:hc has not examined the said

V f.hfi ‘B is fiacrcpancy in BLP. Ifwound

‘ to P.W.1 afier the met!’ ant she had

and in turn the 13.8.]. had sent

% pmdmed and mm discloses that me

assaulted p.w.1 and P.W.2 is stated that he

2 injuries which are ample in nature. Ofcoumc,
nhfltzlxetriaicotnthasalsotakennoteafwhile flm

complaint suspected about the gmminencss of the
/

.-/’I/”,;’

contents ofm.P.1 wound certificate as the date

has been mentioned as 14/9/1999

specifically stated in his dcposmm.-.’

P.W.l on 4/9/1993 and me

caused on 14/9] 1999 lflxappears
to be a mistake. trial Court
that the P.’.v:2 is prior to the
date of to be wrong.

But is! cvidcrmc gm on

_ofi’erm.:; by the appelimxt $11131: the
than: is a dispute with’ If to the

by her in the names of her mm’

% childrén a civil naming is pmdmg hetwaen the
2 A the . The appellant Ins not
any other independent witxwsfi mid nuan-

T

of the appellant. Thcxefose, the trial Court has

xigtxflydimaisaedtllccascoftllcagaspelhtatozsxthcgmmd

. ‘-._’7
x a

wjnstthcnmpcmdenizs. A ‘V

3.